D.C. Mun. Regs. tit. 6, r. 6-B1230

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 6-B1230 - REPAYMENT OF ADVANCED ANNUAL OR ADVANCED SICK LEAVE

1230.1

Except as provided in section 1230.2 of this section, when an employee who is indebted for advanced leave is separated, the agency shall either:

(a) Require a repayment in the amount paid to the employee for the period covering the leave for which indebted; or

(b) Deduct that amount from any lump-sum leave payment, accrued wages, severance pay, other compensation, or any combination thereof, due the employee.

1230.2

Repayment of advanced leave shall be forgiven when an employee:

(a) Dies;

(b) Retires for disability under the authority of Title XXIII of the CMPA (D.C. Official Code § 1-623.01 et seq.) (2006);

(c) Resigns or is separated because of disability that prevents him or her from returning to duty or continuing in the service and is the basis of the separation as determined by the agency on acceptable medical evidence that is the kind of medical evidence customarily relied on to support such claims; or

(d) Enters on active military duty with restoration rights under 38 U.S.C. §§ 2121 or 2024.

1230.3

Any indebtedness for advanced leave remaining after application of the provisions of section 1230.1 of this section shall be a debt owed to the District government.

1230.4

Advanced sick leave may be liquidated by subsequently earned sick leave, by a charge against annual leave, or by a repayment upon separation in accordance with section 1230.1 of this section.

1230.5

An employee may, with the consent of his or her employing agency, agree to repay the agency in cash, either by lump-sum payment or by payment schedule to be completed within twenty-four (24) months of the first (1st) payment, for advanced annual or sick leave. The amount of the repayment shall be calculated at the pay rate that is in effect at the time of the repayment.

1230.6

An employee shall be deemed to have been in a pay status for the period covered by a cash payment pursuant to section 1230.4 of this section.

1230.7

If an employee is subsequently reemployed, the leave "forgiven" under section 1230.2 of this section shall not be chargeable against subsequently earned leave.

1230.8

If an employee is subsequently reemployed and had advanced leave when previously separated that was not recovered under sections 1230.1 or 1230.3 of this section, such un-recovered advanced leave shall be charged against subsequently earned leave.

D.C. Mun. Regs. tit. 6, r. 6-B1230

Final Rulemaking published at 54 DCR 11538 (November 30, 2007)